Statement of changes to the Immigration Rules introducing new EU Settlement Scheme

On the 20th July 2018 Parliament presented the Statement of changes to the Immigration Rules introducing new EU Settlement Scheme for post Brexit status confirmation. The new Appendix EU describes the rules under which EU citizens and their family members can obtain a settled status in the UK after Brexit. These changes take effect on the 28th of August 2018 for the purpose of initial trial.

Appendix EU is the legislation under which EU citizens and their families can apply for leave to remain in the UK under the Immigration Rules of Great Britain. The trial period of the new EU Settlement Scheme should set up the mechanism of application process.

EU citizens and members of their families, who were permanently settled in the UK for five years by the 31st of December 2020, will be eligible for ‘settled status’ (indefinite leave to remain in the UK). Those who lived in the UK for less than 5 years by the 31st of December 2020, will be able to obtain a ‘pre-settled status’ (five years’ limited leave to remain in the UK). Once they reach 5 years threshold they will be able to apply for “settled status”.

After 31st of December 2020, close family members of an EU citizen (spouse, civil partner, long-term partner, dependent child or grandchild, dependent parent or dependent grandparent) residing abroad can join the main applicant in the UK. They will need to prove that their relationship existed on the 31st of December 2020 and continues to exist while the person moves to the UK. 

In terms of domestic policy, it was also decided that family members of British citizens who lawfully resided in the UK until 31st of December 2020 under Regulation 9 of the 2016 Immigration Regulations (EU), will have the right to apply for “settled status” in accordance with Appendix EU.

The testing of the new EU Settlement Scheme will begin on the 28th of August 2018. At the first stage, EU citizens residing in the north-west of England from 12 NHS organizations, as well as students and staff from three Liverpool universities will participate in the pilot version. They are the first to submit electronic applications to obtain immigration status in the UK. In total 4000 people will participate in the pilot version. This will allow those working on the scheme to test it in real time and make the necessary improvements before the launch of the system, which will begin in phases in late 2018. The program will be fully available to all applicants by 30th of March 2019.